A former Delta Airlines flight attendant has filed a lawsuit against the company, alleging she was fired in retaliation for supporting someone. For speaking out after enduring a “sexual assault” during a unionization effort and training.
Aryasp Nejad was fired by Delta in August. In a complaint filed late last month, her attorneys argued she was “one of the latest casualties” of the airline's anti-union campaign.
“Delta themselves, through their own policies, promote an open door policy. They encourage staff to bring concerns,” Nejad, 24, told the Guardian. “They are clearly saying that they will not tolerate discrimination, harassment, retaliation, and they want us to engage in constructive dialogue.
“But when I spoke out against their anti-union campaign and the harassment I and another flight attendant suffered, the company retaliated against me.”
A Delta Airlines spokesperson said, “Delta does not tolerate retaliation or harassment of any kind.”
Several labor unions, including the Flight Attendants Association—CWA, the International Association of Machinists and Aerospace Workers, and the Teamsters—announced an effort two years ago to unionize non-union employees at Delta Airlines. Currently the airline has only one union, meaning pilots in the company, unlike other major airlines, most workers are union-represented.
Delta faced calls from Congress to remain neutral in the face of such campaigns. It isn't.
The lawsuit alleges that Delta Airlines engaged in anti-union campaigning between May and June of last year during Nejad's initial flight attendant training. At his graduation ceremony, a Delta flight attendant, Matthew Miller, spoke to Nejad and other graduates, saying, “If they want a good working environment, they shouldn't sign a union card.”
Miller was a supporter of Delta Airlines' anti-union campaign, One Delta, which, according to the complaint, chooses to include flight attendants in safety and training videos, which come with extra pay and promotion paths at the company.
According to Nejad, the anti-union message during the training was “overwhelming”. “I think Delta is investing a lot of resources, money, time and effort to prevent a union organization campaign.”
The lawsuit alleges that Miller inappropriately touched trainees during a uniform inspection of new flight attendant graduates at the ceremony.
“During that investigation, Miller engaged in non-consensual, sexual assault by pulling Nejad's pants near her genitalia with Nejad's hands and then touching Nejad under and against Nejad's chest,” it states. “The experience left Nejad feeling violated, embarrassed and anxious.”
Miller did the same to at least one male flight attendant who reported his experiences to Nejat, which adds: “On information and belief, several male flight attendants have experienced similar treatment at the hands of Miller.”
Miller did not respond to multiple requests for comment. Delta did not comment beyond saying it does not tolerate retaliation or harassment.
Nejad said of the alleged incident during his training graduation ceremony, “It was a very chilling moment. “It made me realize that there was a very rigid power dynamic in the culture in the Delta at that time and to this day. These power dynamics include unfair work practices. They include power plays. They engage in these kinds of unfair power dynamics, and there is no union to mediate those kinds of power dynamics.”
According to the lawsuit, Nejad did not immediately report the incident with Miller because of Miller's closeness to Delta Air Lines management, but mentioned it on social media and in internal company posts while advocating for a union at the airline. She says she was initially suspended without pay for making two anti-harassment, pro-union filings, but was told her sexual harassment allegation against Miller would be investigated. However, after an initial interview, there was no follow-up, he says.
“Delta provided Nejat with no explanation as to the reasons for his suspension and eventual termination, other than his lack of tolerance for union support and anti-sexual harassment positions,” the lawsuit states. Miller was allowed to continue working for Delta Airlines, it alleges.
Executives at Delta “appear to have fired an employee who reported sexual harassment instead of holding the alleged perpetrator accountable,” the flight attendants union said. “Flight attendants should not be afraid to go to work and face sexual harassment.”
Nejad said the airline's behavior was “in no way appropriate”. “It's unfair and it should be called what it is. I think it's important to speak out on behalf of everyone who has stories of sexual harassment, past and present, not just at Delta, but in the airline industry and in other industries, because it shows their power. Speaking out.
“And once people see someone take that first step, they feel more comfortable sharing their stories and experiences.”
